Australian court highlights university patent dangers
28 April 2008
Peter Ollier, Hong Kong
The University of Western Australia (UWA) has lost a legal battle over the patent rights to cancer therapies developed by a former academic. The decision could force many universities to rethink their IP policies
“The judgment shows that universities can’t rely on implied terms that inventions belong to them,” said Kim O’Connell, a partner of Mallesons Stephen Jaques in Sydney.
The university brought the case against Bruce Gray, a professor of surgery who developed a new liver cancer treatment while working for the UWA. He subsequently left his post to set up a company called Sirtex and develop the new technology. Sirtex became a listed company in 2000.
In 2004, UWA sued Sirtex and Gray (who has now left the biotechnology start-up), accusing them...
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